Recent Posts in sex offender registry Category
| March 06, 2012 |
| Do juveniles convicted of sex crimes become registered sex offenders? |
| Posted By Shawn Cline |
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I frequently represent juveniles accused of sexual offenses of various kinds, from the slightest inappropriate touching to the most serious felony offenses. Invariably, the juvenile and the parents are concerned about the possibility mandatory sex offender registration. This is a legitimate concern, as sex offender registration is often a life long stigma that prevents one from obtaining work and can substantially limit housing options. In addition, the registry is readily accessible to the general public, thereby creating a sense of perpetual ridicule and shame in the community. Fair or not, having one's name placed on the sex offender registry is a life altering event.
The good news is that most juvenile charges are handled in the Juvenile and Domestic Relations Court, which usually means that registration is not required, even for conviction of an offense that would otherwise require registration pursuant to Virginia Code §9.1.902. However, many juvenile felony offenses are certified to the adult circuit court through the provisions of
Virginia Code §16.1-269.1. This code section allows the Commonwealth's Attorney to request a hearing in the Juvenile and Domestic Relations Court for any minor who is at least 14 years old to have the matter certified to the Circuit Court, where the minor is treated as an adult offender. Pursuant to
Virginia Code §9.1-901, any juvenile convicted of an offense in Circuit Court which would require registration is required to register as a sex offender. In addition, the Commonwealth's Attorney can file a motion to have any charge for which registration would be required of an adult trigger registration of a juvenile where the minor is at least 13 years old. The Juvenile and Domestic Relations Court would rule on the issue of registration after the motion is filed.
The bottom line is that some juvenile offenses can result in a lifetime of sex offender registration. This must be taken into consideration in addressing any sexual allegation against a minor. If you or a child you care about are facing these types of charges, call us right away. We will sit down and discuss you specific situation and determine the best course of action. |
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| December 22, 2011 |
| Unlawful filming of another? What is this charge? |
| Posted By Shawn Cline |
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Like most states, Virginia makes it a crime to videotape or photograph an individual without their knowledge while they are naked or in some state of undress. While there are numerous exceptions to this rule, and it can be difficult for presecutors to prove, the penalties for conviction are quite severe. Virginia Code §18.2-386.1 makes it unlawful for any person to "knowingly and intentionally videotape, photograph, or film an nonconsenting person" where that person is nude, clothed only in underwear, or in a condition exposing genitals, buttocks, or the female breast. This law applies in a "restroom, dressing-room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location". For the law to apply, the person filmed must have a "reasonable expectation of privacy" at the time of filming. Violation of this statute is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. However, if the person filmed or photographed is under 18 years of age, the charge is a Class 6 felony, punishable by up to 5 years in the penitentiary. Regardless of the degree, a third conviction will result in mandatory
sex offender registration.
Obviously, this is an extremely serious charge, but there is much to be done in defending this allegation. First and foremost, the filming must have been non-consensual at the time of filming for the statute to apply. Many people who are willing participants in videotaping of sexual acts have second thoughts later and wish they hadn't participated. But the issue is whether the individual was fine with being filmed at the time the film was taken, not whether they regretted it later. Secondly, if the person does not have a reasonable expectation of privacy this section does not apply. For example, a person intentionally exposing themselves in public who is photographed without their knowledge or consent while doing so is not protected by this statute; and those who photograph or film such acts are not subject to prosecution. Like any case involving photography or video, there is always an issue of proving who took the video, and whether that person did so "knowingly and intentionally".
The bottom line is that this is an exceedingly serious charge, and one that many people simply are not aware of. People think that they are free to videotape and record whatever they wish within their own homes, but this simply is not the case. With the proliferation of cell phones and computers that can produce clandestine recordings with relative ease, there is more and more of this sort of thing going on.
If you are facing this charge, you must contact an experienced criminal defense attorney. Do not delay, as much can be done in the initial stages to deal with this offense. Contact us today, we are here to help! |
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| September 14, 2011 |
| What is the Virginia Sex Offender Registry? |
| Posted By Shawn Cline |
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One of the most enduring effects of a conviction for a sex crime in Virginia, and really throughout the entire country, is the sex offender registration that follows. Virginia, like most states, maintains an online database of individuals who have been convicted of certain sexual offenses. The registry includes the individual's home and work addresses, their picture, as well as the convictions that triggered registration. Citizens can search this registry with ease, using zip codes as a search term. The registry is maintained by the Virginia State Police, and according to the website, its purpose is to "make information more easily available and accessible, not to warn citizens about any specific individual." That is all well and good, but the practical effect is that individuals on the registry who my have little to no likelihood to reoffend are forced to endure a lifetime of ridicule and harassment. And you can't avoid this scorn simply by leaving the state, as each state requires registration regardless of where the conviction occurred.
Certain offenses trigger registration, and registration is typically a lifetime requirement. However, depending upon the nature of the offense, an individual may petition the Circuit Court for removal from the registry after either 15 or 25 years.
Sex offender registries in Virginia and throughout the country are political gold for politicians. Any measure that seeks to make life more difficult for people convicted of these sorts of offenses is sure to receive widespread approval from voters. What these people fail to understand is that the risk of reoffending in most cases is quite low. Meanwhile, individuals on these registries find it impossible to secure employment and maintain any degree of normalcy.
If you or someone you love is facing a sex charge, you must contact an experienced criminal defense attorney. We handle every type of sex crime, from possession of child pornography to the most serious crimes involving physical contact with minors.
Please call, we are here to help. |
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